He planned to send a letter to all county prosecutors advising that the court ruling “empowers them to close dispensaries” based on the state’s nuisance laws.

“If the police say there cannot be any sales of marijuana at a dispensary, then this impacts everyone,” said Jacobi, who opened her dispensary on Blue Star Highway in late May. “This has made every transaction for marijuana illegal.”

The Court of Appeals decision hinged on an Isabella County case involving a medical marijuana dispensary called Compassionate Apothecary.

In the long-awaited opinion, the court said the state’s medical marijuana law does not allow patient-to-patient marijuana sales.

The Compassionate Apothecary collects a $5 monthly membership fee from medical marijuana caregivers and patients. It allows them to rent lockers and store small amounts of marijuana there, then allows for patient-to-patient sales of marijuana while collecting a 20 percent fee for facilitating sales.

The appeals court said dispensaries violate both the law and the public health code. The panel — Judges Joel Hoekstra, Christopher Murray and Cynthia Diane Stephen — said an Isabella County trial judge erred in an earlier ruling by saying dispensary operators do not “possess” marijuana but merely facilitate its storage in lockers rented by members.

“Defendants have no authority to actively engage in and carry out the selling of marijuana between members,” the panel ruled, calling the operation a “public nuisance.”

The decision is expected to be appealed to the state Supreme Court, which has a solid conservative majority.

Jacobi said she does not operate in the same manner as Compassionate Apothecary and does not believe her shop violates the law. Still, she is worried.

“We are not allowing patients to transfer between themselves,” she said. “To make a ruling on one operational model that effectively closes all dispensaries is shortsighted.”

“If you are a sick person, you’re not going to be able to endure growing marijuana. We need the state to provide us with a way to get the medicine to patients, and that’s what hasn’t happened,” Jacobi said.

Matt Abel, an attorney for Cannabis Counsel in Detroit, represents about 10 dispensaries around the state and said the appeals court made the wrong analysis in the opinion.

“I think this shows the need for dispensary legislation in Michigan,” he said. “And if we can’t get that, I think it’s time for the citizens to just legalize it altogether.”

Abel said some dispensaries may have to shut down, but others probably can remain open, depending on the attitude of various county prosecutors.

“These shops are going to be funneled into jurisdictions that are friendly to them,” he said.

At a Grand Rapids-area medical marijuana dispensary, a co-owner who did not want to be named said his operation works on a donation system from so-called customers.

“Who is going to grow (marijuana) anymore if you can’t disburse it through dispensaries?” he asked. “People don’t want to pay the electric bill.”

Another dispensary owner with a Grand Rapids shop, who also wanted to remain anonymous, said the current law leaves gaps for patients.

“The law doesn’t say how you can obtain marijuana,” he said. “In my opinion, it’s crazy. How can you have something and you can’t obtain it?”